Construction, Forestry, Maritime, Mining and Energy Union
[2021] FWCA 6566
•5 NOVEMBER 2021
| [2021] FWCA 6566 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8096)
JLM ORIGINAL PTY LTD AS TRUSTEE FOR THE JOEL KLEIN TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 5 NOVEMBER 2021 |
Application for approval of the JLM Original Pty Ltd as Trustee for the Joel Klein Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023
[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the JLM Original Pty Ltd as Trustee for the Joel Klein Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[3] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CFMMEU.
[4] The Agreement was approved on 5 November 2021 and, in accordance with s 54, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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